Naperville Park District Ordinance 641

NAPERVILLE PARK DISTRICT ORDINANCE NO. 641

required for safety such as life vests. 37.

"Wildlife" shall include any waterfowl, mammal, animal, amphibian, reptile, or bird or the

young or eggs thereof, but excluding any domesticated dog or cat. Section 1.03. Construction and Scope. (a)

In the interpretation of this Ordinance, its provisions shall be construed as follows: (1) Where the context permits, words in the masculine gender shall include the feminine and neuter genders and words in the singular number shall include the plural number; (2) The word "shall" is always mandatory and not merely directory; (3) The word "may" is always permissive and upon the discretion of the District; (4) This Ordinance is in addition to and supplemental to all applicable state, federal, local, and District laws, ordinances, rules, and regulations including without limitation the Park District Code (70 ILCS 1205/1-1 et seq. ); (5) The meaning of any term, phrase, or word not otherwise defined in this Ordinance shall be con- strued and interpreted to mean the same as said term, phrase, or word is otherwise defined, construed or interpreted in such applicable federal, state, local, or District laws, ordinances, rules, or regulations; (6) The meaning of any term, phrase, or word not otherwise defined in this Ordinance or in such applicable federal, state, local, or District laws, ordinances, rules, or regulations shall retain its ordinary and properly understood meaning; (7) The descriptive headings of the various sections or parts of this Ordinance are for convenience only and shall not affect the meaning or construction, nor be used in the interpretation, of any provision of this Ordinance; and, (8) An attempt to commit an act or engage in an activity prohibited under this Ordinance shall likewise be deemed prohibited in the same manner as the commission of such act or the engaging in such activity and subject to the same penalties. (b) This Ordinance shall apply to and be enforceable within and upon all District Property and shall regulate the use thereof by all Persons. However, no provision hereof shall make unlawful any act necessarily performed by any officer, employee or agent of the District, member of the Park Police when acting within the scope of their authority or in their line of duty, or any other Person summoned by such person to assist them.

CHAPTER II - SPECIFIC RESTRICTIONS ON CONDUCT AND BEHAVIOR

Section 2.01. Aviation/Drones. (25/50) (a)

No Person shall fly, cause to be flown or permit or authorize the flying of Aircraft of any kind at any time over District Property at an elevation lower than the minimum safety requirements established by the Federal Aviation Administration or other governmental authority, at an elevation which is lower than is reasonably safe under the circumstances, or in a manner which endangers the safety of any Person on District Property. (b) No Person shall parachute or make an ascent or descent in an Aircraft into or onto District Property or cause, permit or authorize another Person to parachute or otherwise ascend/descend from an Aircraft into or onto District Property unless a Permit therefor has first been obtained from the District in accordance with Chapter V of this Ordinance, except when necessitated by unavoidable emergency. (c) The Park District asserts jurisdiction over its properties, including the first 150 feet above ground level. Accordingly, no Person shall, upon or in connection with any property of the District: start, fly or use any fuel-powered, battery-powered or electric-powered model or toy or any radio controlled model car, aircraft, boat or rocket or any like controlled or powered toy or model or drone subject to FAA Part 101 unless such activity is conducted above 150 feet above ground level or is conducted within an area and at times that the Park District has designated for such activities either by policy (e.g., Brush Hill Park) or by permit. The Director may grant, upon due application no less than 30 days in advance, a permit for use of like toys or models or drones subject to FAA Part 101 for special events, instruction classes or other functions on a case-by-case basis. A permit shall only be denied to prevent conflicts with other users of

Amended September 12, 2024

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